MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Medicaid
By: Senator(s) Wiggins
AN ACT TO CREATE THE MISSISSIPPI WHOLESALE PRESCRIPTION DRUG IMPORTATION PROGRAM; TO PROVIDE THAT THE DIVISION OF MEDICAID SHALL ESTABLISH THE PROGRAM TO PROVIDE PRESCRIPTION DRUGS AVAILABLE OUTSIDE OF THE UNITED STATES TO CONSUMERS IN THE STATE AT A LOWER COST; TO REQUIRE THE DIVISION TO CONTRACT WITH ONE OR MORE PRESCRIPTION DRUG WHOLESALERS AND CANADIAN SUPPLIERS TO IMPORT PRESCRIPTION DRUGS; TO REQUIRE THE DIVISION TO DEVELOP A REGISTRATION PROCESS FOR HEALTH BENEFIT PLANS; TO REQUIRE PROVIDERS AND PHARMACIES TO OBTAIN AND DISPENSE SUCH DRUGS; TO REQUIRE THE DIVISION TO COMPLY WITH CERTAIN FEDERAL LAWS REGULATING SUCH PROGRAMS; TO PROVIDE THAT A PRESCRIPTION DRUG MAY BE IMPORTED INTO THE STATE ONLY IF THE DRUG MEETS F.D.A. STANDARDS AND DOES NOT VIOLATE FEDERAL PATENT LAWS, AMONG OTHER REQUIREMENTS; TO REQUIRE THE DIVISION TO MONITOR ANY POTENTIAL ANTICOMPETITIVE ACTIVITIES AFFECTED BY THE PROGRAM; TO AUTHORIZE THE DIVISION TO IMPOSE A FEE ON EACH PRESCRIPTION DRUG SOLD UNDER THE PROGRAM; TO REQUIRE THE DIRECTOR OF THE DIVISION TO DEVELOP AUDITING PROCEDURES; TO REQUIRE THE DIVISION TO SUBMIT A REPORT ON THE PROGRAM TO THE LEGISLATURE AND GOVERNOR EACH YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This chapter shall be known and may be cited as the "Mississippi Wholesale Prescription Drug Importation Program."
SECTION 2. As used in this chapter, the following words and phrases have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "Canadian supplier" means a manufacturer, wholesale distributor, or pharmacy that is appropriately licensed or permitted under Canadian federal or provincial laws and rules to manufacture, distribute, or dispense prescription drugs.
(b) "Division" means the Mississippi Division of Medicaid.
(c) "Prescription drug wholesaler" means a person licensed as a wholesale distributor under Section 73-21-73 that contracts with this state to import prescription drugs under the program.
(d) "Program" means the wholesale prescription drug importation program established under this chapter.
SECTION 3. (1) The division shall establish the wholesale prescription drug importation program to provide lower cost prescription drugs available outside of the United States to consumers in this state at the lower cost.
(2) The division shall implement the program by:
(a) Contracting with one (1) or more prescription drug wholesalers and Canadian suppliers to import prescription drugs and provide prescription drug cost savings to consumers in this state;
(b) Developing a registration process for health benefit plan issuers, health care providers, and pharmacies to obtain and dispense prescription drugs imported under the program;
(c) Developing a list of prescription drugs, including the prices of those drugs, that meet the requirements of 21 USC 384 and publishing the list on the division website;
(d) Establishing an outreach and marketing plan to generate program awareness;
(e) Establishing and administering a telephone call center or electronic portal to provide information about the program;
(f) Ensuring the program and the prescription drug wholesalers that contract with this state under subsection (1) comply with the tracking, tracing, verification and identification requirements of 21 USC 360;
(g) Prohibiting the distribution, dispensing, or sale of prescription drugs imported under this chapter outside the boundaries of this state; and
(h) Performing any other duties the executive director determines necessary to implement the program.
(3) The division shall ensure that the program meets the requirements of 21 USC 384.
(4) In developing the program, the division may consult with interested parties.
SECTION 4. (1) A prescription drug may be imported into this state under the program only if the drug:
(a) Meets the United States Food and Drug Administration's standards related to prescription drug safety, effectiveness, misbranding and adulteration;
(b) Does not violate any federal patent laws through its importation;
(c) Is expected to generate cost savings for consumers; and
(d) Is not:
(i) Listed as a controlled substance under state or federal law;
(ii) A biological product;
(iii) An infused drug;
(iv) An intravenously injected drug;
(v) A drug that is inhaled during surgery; or
(vi) A parenteral drug.
SECTION 5. The division shall identify and monitor any potential anticompetitive activities in industries affected by the program.
SECTION 6. In addition to money appropriated by the Legislature, the division may impose a fee on each prescription drug sold under the program or establish another funding method to administer the program.
SECTION 7. The executive director by rule shall develop procedures to effectively audit a prescription drug wholesaler participating in the program.
SECTION 8. (1) Not later than December 1 of each year, the division shall submit a report to the Governor and the Legislature regarding the operation of the program during the preceding state fiscal year, including:
(a) Which prescription drugs and Canadian suppliers are included in the program;
(b) The number of health benefit plan issuers, health care providers, and pharmacies participating in the program;
(c) The number of prescriptions dispensed through the program;
(d) The estimated cost savings to consumers, health plans, employers, and this state since the establishment of the program and during the preceding state fiscal year;
(e) Information regarding the implementation of audit procedures; and
(f) Any other information:
(i) The Governor or the Legislature requests; or
(ii) The division considers necessary.
SECTION 9. This act shall take effect and be in force from and after July 1, 2024.